Bill > S2296

Introduced Session

This bill provides that, in general, health care facilities and health care professionals will be required provide the parent or guardian of an unemancipated patient who is younger than 18 years of age access to the patient's medical records without the need for the patient to authorize the parent or guardian to access the records. Under current law, the federal health privacy rule established under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires that covered entities keep a patient's medical records confidential unless the patient allows the entity to disclose the records. A minor child's parent is typically considered to be the child's "personal representative" and is therefore generally authorized to access or receive the child's medical records and other protected health information. However, HIPAA provides that, under certain circumstances, a parent will not be considered the minor child's personal representative and will not be afforded access to the child's medical information, including when state law only requires the child's consent to care and treatment. This bill specifies that, except where State law expressly restricts parental access to a minor's treatment records, which include certain care for behavioral health issues and certain cases involving the apparent sexual assault of a minor, parents should be provided access to the patient's medical records, notwithstanding the federal health privacy rule. The bill also expressly provides that nothing in P.L.2022, c.51 (C.2A:84A-22.18 et al.), which provides that medical records pertaining to reproductive health care do not have to be produced in response to certain judicial, legislative, and administrative proceedings, is not to be construed to restrict access to a minor child's medical records as provided under the bill. Except in the case of gross negligence or willful misconduct, a facility or professional providing a parent or guardian with access to a minor child's medical records under the bill will be immune from civil and criminal liability and adverse administrative, licensure, and professional disciplinary actions in connection with providing a parent access to a minor patient's medical records pursuant to the bill.

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Holly Schepisi (R)*,  Brian Stack (D), 

Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee (on 01/09/2024)

Official Document